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State land, State parks, Federal land, National parks...

Michigander

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I don't have a CPL, nor intend to get one, but I like the woods. Are there any laws to worry about in these places? Obviously Michigan's lack of open carry law might not have to do with an area owned by the feds if federal law is more strict. And I've noticed that at state parks there are little signs that say if you carry a gun just to carry while you are on state park property that your gun must be unloaded in the barrel and magazine.

Can anybody give me some info about carry regs when I'm in Government owned woods but not hunting?

Thanks.
 

SpringerXDacp

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Burton, Michigan
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Michigander wrote:
I don't have a CPL, nor intend to get one, but I like the woods. Are there any laws to worry about in these places? Obviously Michigan's lack of open carry law might not have to do with an area owned by the feds if federal law is more strict. And I've noticed that at state parks there are little signs that say if you carry a gun just to carry while you are on state park property that your gun must be unloaded in the barrel and magazine.

Can anybody give me some info about carry regs when I'm in Government owned woods but not hunting?

Thanks.

See MCRGo_Org





Q:
Some time back I believe that the MI attorney general issued an opinion restricting CPL holders to carrying their weapons UNLOADED while in state parks. With all the changes in carry laws and in light of the pending National Park proposal, I would like to know if this still holds true? Can you clarify how the law applies regarding all parks?

A:
Firearms are allowed in National Forests but prohibited in National Parks. Federal law requires hunters on federal land to comply with the hunting laws of the state in which the federal land sits. The law of the State of Michigan allows hunters with CPLs to carry a concealed pistol while hunting. Therefore, Federal law allows hunters on Federal land in Michigan who have a CPL to carry a concealed pistol while hunting. The Department of Natural Resources regulations require a person to have a valid Michigan hunting license if carrying a firearm in an area inhabited by wildlife. DNR also prohibits loaded guns in State Parks. Both of these laws were modified by 2004 PA 129 and 130 to exempt CPL holders as long as you are not attempting to take game. See MCL §324.43510 and MCL 324.504. You can now carry in a State Park the same as you carry other public places.
 

Leader

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Actually that only applies to Fed. Properity.In another forum, this question was asked of a Michigan CO. Here is a link. http://www.michigan-sportsman.com/forum/showthread.php?t=193448

It says that you can. I do and have never had a problem.

I will caution you about transporting a hand gun in MI. Once a handgun goes into or on a motor vehicle in Michigan it is considered consealed UNLESS it is unloaded in the barrel and magazine, locked in a case, and in the trunk.

You said "And I've noticed that at state parks there are little signs that say if you carry a gun just to carry while you are on state park property that your gun must be unloaded in the barrel and magazine."

Where did you see this? I have never seen or heard of this in MI. I know of NO state park or even private parks that allow you to carry if it is unloaded. Either carry is banned or it is legal.
 

67390FE

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[align=left][/align]


[align=left]excerpted from R 299.927 State parks and recreation areas; unlawful acts.[/align]



[align=left]Rule 27. In addition to the unlawful acts specified in R 299.922, in state parks[/align]


[align=left]and state recreation areas, it is unlawful for a person or persons to do any of the[/align]


[align=left]following:...[/align]


[align=left](b) To carry or have in his or her possession a firearm, unless unloaded in both[/align]


[align=left]barrel and magazine; to shoot an air gun, gas gun, spring-loaded gun, or slingshot;[/align]


[align=left]or to shoot with a bow and arrow or crossbow, except during established hunting[/align]


[align=left]seasons on lands designated open to hunting under the authority of an order[/align]


[align=left]issued under sections 40107 and 40113a of 1994 PA 451, MCL 324.40107 and[/align]


[align=left]324.40113a. This subdivision does not apply to a target range or archery range[/align]


[align=left]officially established by the department or to an officially sanctioned field trial. A[/align]


[align=left]person shall not engage in target shooting, except on designated shooting ranges.[/align]


[align=left][/align]


[align=left]This is what is posted at all state park campgrounds.[/align]


[align=left]http://www.midnr.com/publications/pdfs/RecreationCamping/IC3003-1_Park%20Rules_Poster.pdf[/align]
 

Michigander

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So in essence, we can california style open carry in state parks, carry loaded guns on state land, and leave the guns in the trunk at the federal land.
 

Venator

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Lansing area, Michigan, USA
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Michigander wrote:
So in essence, we can california style open carry in state parks, carry loaded guns on state land, and leave the guns in the trunk at the federal land.

You can open carry on federal forrest lands, state forrest lands, state parks, anywhere it is legal to open carry. You can't have loaded weapons in National Parks. The sleeping Bear National Lake shore allows hunting so you can have a firearm there during state hunting seasons.

But in order to transport you firearm without a CPL you are limited to lawful purposes which are defined by law. You can't just drive around with an unloaded cased handgun in your car unless you meet the criteria below. While in transport means going straight to and from, no stopping at the store, no going shopping, no going for a drive. You can't transport your handgun in a vehicle and say go out shopping and strap on the old firearm when you get to the mall. It is very hard to open carry in Michigan because of the below conditions. You can start out from your home or business on foot or on a bike or on a motorcycle and open carry.

Those with CPL's can transport their handguns and either open or conceal carry, because they are allowed to transport their handguns without having to meet the below conditions.

From the Michigan State Police Web Site.

7. If I do not have a CCW permit, may I transport my pistol in a motor vehicle?

Answer A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle.

The law defines ‘lawful purpose’ as:


  • While en route to or from a hunting or target shooting area.
  • While transporting a pistol to or from home or place of business and a place of repair.
  • While moving goods from one place of residence or business to another place of residence or business.
  • While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol.
  • While en route to or from home or place of business to a gun show or place of purchase or sale.
  • While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
  • While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.
Federal Law on the Transportation of Firearms. Title 18 U.S.C. Section 926A




 

Leader

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Livingston Co., Michigan, , USA
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Venator wrote:
Michigander wrote:
So in essence, we can california style open carry in state parks, carry loaded guns on state land, and leave the guns in the trunk at the federal land.
You can open carry on federal forrest lands, state forrest lands, state parks, anywhere it is legal to open carry. You can't have loaded weapons in National Parks. The sleeping Bear National Lake shore allows hunting so you can have a firearm there during state hunting seasons.
I agree.

But in order to transport you firearm without a CPL you are limited to lawful purposes which are defined by law. You can't just drive around with an unloaded cased handgun in your car unless you meet the criteria below. While in transport means going straight to and from, no stopping at the store, no going shopping, no going for a drive. You can't transport your handgun in a vehicle and say go out shopping and strap on the old firearm when you get to the mall.
Actually , open carry at the mall for personal pertection *is* a lawfullpurpoes.
[*]"While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance. "
[*]It is very hard to open carry in Michigan because of the below conditions. You can start out from your home or business on foot or on a bike or on a motorcycle and open carry.
Not on a motorcycle, that is a motor vehicle & even if the pistol is carried in an open fashon, it it considered concealed.
Those with CPL's can transport their handguns and either open or conceal carry, because they are allowed to transport their handguns without having to meet the below conditions.

From the Michigan State Police Web Site.

7. If I do not have a CCW permit, may I transport my pistol in a motor vehicle?

Answer A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle.

The law defines ‘lawful purpose’ as:
  • While en route to or from a hunting or target shooting area.
  • While transporting a pistol to or from home or place of business and a place of repair.
  • While moving goods from one place of residence or business to another place of residence or business.
  • While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol.
  • While en route to or from home or place of business to a gun show or place of purchase or sale.
  • While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
  • While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance.
Federal Law on the Transportation of Firearms. Title 18 U.S.C. Section 926A




 

Venator

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Lansing area, Michigan, USA
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Leader wrote:
Venator wrote:
Not on a motorcycle, that is a motor vehicle & even if the pistol is carried in an open fashon, it it considered concealed.
Those with CPL's can transport their handguns and either open or conceal
The law defines ‘lawful purpose’ as:


I know of a man that open carries on a motorcycle and has yet to have a problem. Must be that the locals know him.
 

Venator

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Location
Lansing area, Michigan, USA
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Leader wrote:
Actually , open carry at the mall for personal pertection *is* a lawfullpurpoes.



[*]"While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance. "

This is open to interpretation. What makes me think this is for Target or hunting purposes on private property is the word "to be used".While your gun can be used for personal protection it may or may not be used in the way it is meant in the wording of the law,while on private property. Since all property is either private or publicthe above purpose is all that you would need to say in the law, as you would always be going from your home to either private or public property and/or back home again you wouldn't need the other lawful purposes spelled out.

Again en route means directly from your home to the property then back again. Which if leader is right in his interpretation than you would have to go to the mall then straight back home after shopping. I just don't think it's very clear and would have to be tested in case law.
 
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